These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Message Sign Hire and the Customer in writing. Message Sign Hire agrees to hire equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment the Customer must complete and sign (or otherwise accept in the manner required by Message Sign Hire) a Hire Schedule and such other documents as Message Sign Hire may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between Message Sign Hire and the Customer, together with any credit application, guarantee and indemnity of other contractual documents. The customer agrees to receive hire schedules and all associated documentation by electronic means. Message Sign Hire may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.

These Hire Contract Conditions may be changed by Message Sign Hire from time to time by Message Sign Hire giving notice of the amendment to the Customer. Notice is deemed given when Message Sign Hire does any of the following: (a) sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer; (b) publishes the amended terms on its website or (c) displays the amended terms at premises from which Message Sign Hire conducts hire operations.

Changes to these hire Contract Conditions will only apply to Hire Schedules and Contracts currently on hire or entered into after the change occurs.

Phone:1300MESSAGE• Email:• Website:messagesignhire.com.au

ABN 50 161 468 257


  1. Definitions
  2. “Message Sign Hire” shall mean M1 Hire Pty Ltd T/A Message Sign Hire, its successors and assigns or any person acting on behalf of and with the authority of Message Sign Hire Services Pty Ltd.
  3. “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client.
  4. “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Client on a principal debtor basis.
  5. “Equipment” shall mean Equipment supplied on hire by Message Sign Hire to the Client (and where the context so permits shall include any supply of services) and is as described on the invoices, quotation, authority to hire, or any other work authorisations forms as provided by Message Sign Hire to the Client.
  6. “Price” shall mean the cost of the hire of the Equipment as agreed between Message Sign Hire and the Client subject to clause 3 of this contract.
  7. “PPSA” shall mean the Personal Property Securities Act 2009 (Cth).
  8. Acceptance
  9. Any instructions received by Message Sign Hire from the Client for the hire of Equipment and/or the Client’s acceptance of Equipment supplied on hire by Message Sign Hire shall constitute acceptance of the terms and conditions contained herein.
  10. Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
  11. Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of Message Sign Hire.
  12. The Client shall give Message Sign Hire not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Message Sign Hire as a result of the Client’s failure to comply with this clause.
  13. Price and Payment
  14. At Message Sign Hire’s sole discretion, the Price shall be either;

(a)As indicated on invoices provided by Message Sign Hire to the Client in respect of Equipment supplied on hire; or

(b)Message Sign Hire’s current Price, at the date of delivery of the Equipment, according to Message Sign Hire’s current Price list; or

(c)Message Sign Hire’s quoted Price (subject to clause 3.2) which shall be binding upon Message Sign Hire provided that the Client shall accept in writing Message Sign Hire’s quotation within thirty (30) days.

3.2.Message Sign Hire reserves the right to change the Price in the event of a variation to Message Sign Hire’s quotation.

3.3.At Message Sign Hire’s sole discretion, a deposit may be required.

3.4.At Message Sign Hire’s sole discretion, a bond may be required which shall be refunded upon return of the Equipment in a condition acceptable to Message Sign Hire.

3.5.At Message Sign Hire’s sole discretion:

(a)Payment shall be due on delivery of the Equipment; or

(b)Payment shall be due before delivery of the Equipment; or

(c)Payment for approved Client’s shall be made by instalments in accordance with Message Sign Hire’s payment schedule; or

(d)Payment for approved Client’s shall be due on thirty (30) days from the date of the invoice.

3.6.Time for payment for the Equipment shall be of the essence and will be state on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.

3.7.The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.

3.8.Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to three and one half percent (3.5%) of the Price for standard credit cards, or up to five percent (5%) for AMEX), or by direct credit, or by any other method as agreed to between the Client and Message Sign Hire.

3.9.GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

3.10.Pricing shall be based on Equipment usage parameters predetermined by Message Sign Hire and as specified on the Quotation. Any usage in excess of those predetermined parameters (as recorded on the Equipment’s timing device) shall at Message Sign Hire’s sole discretion incur additional charges.

  1. Hire Period
  2. Hire Charges shall commence from the time the Equipment is collected by the Client from Message Sign Hire’s premises and will continue until the return of the Equipment to Message Sign Hire’s premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
  3. If Message Sign Hire agrees with the Client to deliver and/or collect the Equipment, hire charges shall commence from the time the Equipment leaves Message Sign Hire’s premises and continue until the Client notifies Message Sign Hire that the Equipment is available for collection, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
  4. No allowance whatever can be made for time during which the Equipment is not in use for any reason, unless Message Sign Hire confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies Message Sign Hire immediately, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Client.
  5. Delivery of Equipment
  6. At Message Sign Hire’s sole discretion delivery of the Equipment shall take place when:

(a)The Client takes possession of the Equipment at Message Sign Hire’s address; or

(b)The Client takes possession of the Equipment at the Client’s address; or

(c)Message Sign Hire’s nominated carrier takes possession of the Equipment in which event the carrier shall be deemed to be Message Sign Hire’s agent and risk for the Equipment does not pass until the Client takes possession of the Equipment at the Client’s address; or

(d)The Client’s nominated carrier takes possession of the Equipment in which event the carrier shall be deemed to be the Client’s agent.

5.2.At Message Sign Hire’s sole discretion the costs of Delivery are:

(a)Included in the Price; or

(b)Are in addition to the Price; or

(c)Are for the Client’s account.

5.3.The Client shall make all arrangement necessary to take delivery of the Equipment whenever it is tendered for delivery. In the event that the Client is unable to take delivery of the Equipment as arranged then Message Sign Hire shall be entitled to charge a reasonable fee for redelivery.

5.4.Message Sign Hire may deliver the Equipment by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.

5.5.Delivery of the Equipment to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

5.6.The Client shall be responsible for free access by Message Sign Hire to the site on which the equipment is located. If there are any delays due to free access not being available then the Client shall be responsible and shall reimburse Message Sign Hire for all lost hire fees associated with the Equipment being unavailable. The Client shall also be responsible for all other expenses and costs incurred by Message Sign Hire due to delays in access to the Equipment. The off-hire receipt will be issues when the Equipment is picked up by Message Sign Hire or returned to Message Sign Hire’s premises.

5.7.The failure of Message Sign Hire to deliver shall not entitle either party to treat this contract as repudiated.

5.8.Message Sign Hire shall not be liable for any lost or damage whatever due to failure by Message Sign Hire to deliver the Equipment (or any of it) promptly, or at all, where due to circumstances beyond the control of Message Sign Hire.

  1. Risk
  2. Message Sign Hire retains property of the equipment nonetheless all risk for the Equipment passes to the Client on delivery.
  3. The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies Message Sign Hire for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.
  4. The Client accepts full responsibility for and shall keep Message Sign Hire indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Equipment during the hire period however arising and whether or not arising from any negligence, failure or omissions of the Client or any other persons.
  5. Damage to Equipment
  6. Subject to Clause 8, the Client shall be responsible for any loss or damage to the Equipment that occurs for any reason whatsoever, reasonable wear and tear (as decided solely and completed at Message Sign Hire’s discretion) accepted. It is agreed that upon the completion of the period of hire the whole or part of the cost of replacement of or repair to the equipment will be to the account of the Client.
  7. Damage Waiver for Fire, Storm and Earth Quake
  8. Unless the Client directs in writing to the contrary, Message Sign Hire will charge a premium for insurances for accidental damage to the Equipment causes as a result of fire, storm and earthquake.Message Sign Hire agrees to waive its right to claim from the Client for any loss of or damage to the Equipment in excess of the sum equal to 10% of the list price of the Equipment or $500.00 (whichever is greater). The waiver shall not apply to loss of or damage to the Equipment caused by accident or theft, such loss or damage being dealt with in Clause 9 hereof. The waiver shall also not apply to loss of or damage to the equipment for Truck Mounted Attenuators (“the Vehicle” in accordance with Clause 10 hereof.
  9. Damage Waiver with Respect to Accident or Theft.
  10. There will be no damage waiver in relation to loss of or damage to the Equipment with respect to accident, theft or collision. If the Client specifically requests that the Equipment be insured for accident, theft or collisions, then Message Sign Hire will charge an additional premium to the Client for this insurance.

(a)Loss or damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment, lack of lubrication.

(b)Loss or damage due to mysterious disappearance of the Equipment.

(c)Loss or damaged caused by misappropriation or wrongful conversion by the Client or its employees or its agents or by any person to whom the Equipment entrusted by the Client.

(d)Loss or damage caused by the use or operation of Equipment in contravention of any of the Conditions of Hire.

(e)Loss or damage caused by the use or operation of Equipment in violation of any statute (commonwealth or State) or any regulation or by the law there under.

(f)Loss or damage to tools or accessories including hoses, points, drills, bits, grease guns and electric leads.

(g)Loss or damage to tyres or tubes and batteries or the like and other similar fittings.

(h)Loss or damage to Equipment occurring for any reason whilst located, used, loaded, unloaded, transported over or on wharves, bridges, barges and vessels of all kinds.

(i)Loss or damage to the Vehicle as dealt with in Clause 10 hereof.

  1. Truck Mounted Attenuators
  2. There will be no damage waiver in relation to any loss of or damage to the Vehicle including but not limited to loss or damage arising from fire, storm, earthquake, accident, theft or collision
  3. The Client accepts full responsibility for any loss or damage to the Vehicle that occurs for any reasons whatsoever, reasonable wear and tear (as decided solely and completely at Message Sign Hire’s discretion excepted). It is agreed that upon the completion of the period of hire the whole part or part of the cost or replacement of or repair to the equipment will be to the account of the Client.
  4. Only the Client or the Client’s authorised driver will be permitted to drive the Vehicle. The Client is responsible for the acts and omissions of its authorised driver or any other person the Client allows to drive the Vehicle.
  5. Prior to the delivery of the Vehicle to the Client, the Client is required to provide to Message Sign Hire a Certificate of Currency clearly identifying the Vehicle as insured under a current Commercial Motor Vehicle Road Liability noting Message Sign Hire as an Interested Party.
  6. No smoking is permitted inside the vehicle
  7. The Client is responsible to ensure no one smokes inside the vehicle. A cleaning charge will apply if smoking occurs inside the vehicle.
  8. Cover does not extend to any driver under 25 years of age or those with less than 2 years practical driving experience for the required class of licence.
  9. Title
  10. The Equipment is and will at all times remain the absolute Property of Message Sign Hire.
  11. If the Client fails to return the Equipment to Message Sign Hire then Message Sign Hire or Message Sign Hire’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Equipment is situated as the invitee of the Client and take possession of the Equipment, without being responsible for any damage thereby caused.
  12. The Client is not authorised to pledge Message Sign Hire’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
  13. Defects
  14. The Client shall inspect the Equipment on delivery and shall within twenty four (24) hours notify Message Sign Hire of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Message Sign Hire an opportunity to inspect the Equipment within a reasonable time following delivery if the Client believes the Equipment is defective in any way. If the Client shall fail to comply with these provisions the Equipment shall be presumed to be free from any defect or damage. For defective Equipment, which Message Sign Hire has agreed in writing that the Client is entitled to reject, Message Sign Hire’s liability is limited to either repairing or replacing the Equipment, except where the Client has hired Equipment as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the hire price of the Equipment, or repair of the Equipment, or replacement of the Equipment.
  15. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
  16. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
  17. Warranty
  18. No Warranty is provided by Message Sign Hire in respect of the condition of the Equipment or its fitness for any particular purpose. The Client shall indemnify and hold harmless Message Sign Hire in respect of all claims arising out of the use of the Equipment.
  19. Client’s Responsibilities
  20. The Client shall:

(a)Notify Message Sign Hire immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification;